Nonprofit and Religious Organizations

We represent religious and secular colleges and universities, churches and synagogues, charter schools, and other educational institutions, health care and social service agencies and other community organizations. Weintraub Tobin understands the intricacies involved when such organizations face governance, operational, litigation, real estate, corporate, and tax issues. Our attorneys provide counseling, transactional, litigation, and dispute resolution services including the purchase and sale of real estate, corporate governance, insurance coverage and litigation support to a broad array of religious organizations, whether hierarchical- or community-based, as well as local, regional, and national nonprofits.

Our attorneys have written and spoken on current issues facing these organizations, ranging from the ministerial exception to Title VII, to organizational disputes, and institutional liability. Our attorneys have pursued and received over $500 million in insurance coverage for insured misconduct claims. We have successfully defended an attack on the leadership team of a community-based church. We have successfully defended the State of California’s attack on a charter school, threatening to close the school and cease its operation. We are general counsel to a number of high schools and colleges.

From highly specialized issues to day-to-day concerns, we bring knowledge, understanding and sensitivity to all matters. We understand the business needs of nonprofits today and the demands of the future.

Insurance
Our insurance attorneys counsel nonprofits on insurance coverage, policy interpretation and using insurance proceeds to defray the impact of a claim against an organization’s assets. We review insurance programs and advise on risk management issues, and broker and agent matters.

Employment
Our employment attorneys advise on the full range of employment matters, counseling businesses on ways to avoid employment-related issues before they arise. We have advised on and litigated disputes regarding everything from hiring and firing; compensation and benefits; discrimination claims; and wage-and-hour issues. We also assist in devising, implementing and enforcing human resource policies and procedures and employment handbooks.

Employee Benefits
Our employee benefits practice deals with the problems and opportunities nonprofit and religious institutions experience with pension and other employee benefit plans and practices.

Governance
Our attorneys advise religious and nonprofit leadership about the best ways to organize and conduct themselves to accomplish their missions. We have advised several nonprofit charities on corporate restructuring to meet the particular demands of operating in the modern era.

Transactions
From negotiating service contracts to complex transactions, our business attorneys have broad and deep experience in the particular needs of religious organizations.

Planned Giving
Our trusts and estates practice regularly advises on the tax-saving devices often used in planned giving programs, including charitable remainder trusts, gift annuities, and other trusts allowing grantors to retain control of assets and minimize taxation. We also handle all aspects of the development and management of charitable giving programs, from drafting policies and procedures to helping select administrators and investment advisers for planned giving vehicles.

Real Estate
Our real estate practice handles all aspects of real estate transactions, including acquiring land and facilities; qualifying for tax exemption; negotiating and drafting all types of real estate-related contracts, including financing documents; and obtaining grants and tax credits. We have represented nonprofit institutions before government agencies regarding these issues at local, state and federal levels.

Litigation
Experienced at the trial and appellate levels in state and federal courts, including the U.S. Supreme Court, our trial attorneys regularly litigate complex commercial matters, employment-related matters, and constitutional issues, with particular experience in the defense of highly sensational claims.